Small Jury Pool Delays Man's Murder Trial

August 20, 1985|By Ian Johnson of The Sentinel Staff

DELAND — The trial of a DeBary man charged with killing his girlfriend's infant daughter by throwing her against a wall was delayed Monday because the judge said there weren't enough prospective jurors on hand from which to select 12 jurors.

Before sending the 27 prospective jurors home for the day, Circuit Judge Edwin Sanders called defendant Rickey Lusko, 28, into the courtroom to tell him the trial would start today.

Although defendants normally wear street clothes in the courtroom, Lusko appeared in prison clothes and handcuffs. Sanders said the departure from normal procedure ''tainted'' the potential jurors and he excused them from hearing Lusko's case. He said seating any of the 27 as jurors could be grounds for an appeal.

Sanders ordered the trial to start today with a new slate of prospective jurors. The trial is scheduled to last all week.

According to court records, Lusko waived his rights and confessed to the killing after his May 1984 arrest. In a police report, Lusko said he was at home eating dinner May 19, 1984, while the child's mother, Paula Lang, was at a convenience store. He said he became annoyed at the child's crying, picked her off the couch, threw her against a wall and then put her back on the sofa, records state.

Lusko said he then finished dinner and took a shower, the report states. He said when his girlfriend Paula returned, she screamed that her daughter looked pale and the couple took the child to the hospital. Specialists from Shands Teaching Hospital in Gainesville were flown in to help the infant but she died early the next morning, court records show.

Raymond Cass, Lusko's attorney, said he plans to show that Lusko did not kill the baby, although he said he could not discuss specifics.

In a December 1984 letter to Judge Sanders, Lusko said he is innocent of killing Jessica. Lusko said he was pressured to confess by detectives who told him Lang also would be arrested if one of them didn't admit to child abuse.

Peter Marshall, the assistant state attorney prosecuting Lusko, said he is not sure if he will seek the death penalty.

Cass said he may appeal an unfavorable decision on grounds he and partner Howard Pearl weren't given enough time to prepare their case. In a separate action, Sanders denied a motion made Monday by Cass to delay the trial.